Administrative Provisions on Safety of Yachts
Administrative Provisions on Safety of Yachts
Administrative Provisions on Safety of Yachts
Order of the Ministry of Transport [2008] No. 7
July 22, 2008
The Administrative Provisions on Safety of Yachts, which were adopted at the 8th executive meeting of the Ministry of Transport on July 8, 2008, are hereby promulgated and shall come into force as of January 1, 2009.
Minister Li Shenglin
Administrative Provisions on Safety of Yachts
Chapter I General Provisions
Article 1 For purposes of regulating the administration of safety of yachts, ensuring the safety of waterborne human lives and properties, preventing and controlling water environment pollution from yachts and promoting the sound development of yacht industry, these Provisions are formulated in accordance with the laws and administrative regulations on the administration of safety of waterborne transport and on the prevention and control of water environment pollution from vessels.
Article 2 These Provisions shall apply to the administration of the safety of navigation, berthing and other activities of yachts and the prevention and control of pollution resulted therefrom within the territorial waters of the Peoples' Republic of China.
The term "yacht" as mentioned in these Provisions only refers to a motor-driven vessel that the owner uses for his own travel, recreation and other activities.
The term "club of yachts" as mentioned in these Provisions refers to an organization lawfully established for providing the members of the club of yachts with such services as keeping and utilizing yachts.
Article 3 The Maritime Safety Administration of the People's Republic of China shall, in a centralized manner, supervise and administer the waterborne transport safety of yachts and the prevention and control of water environment pollution from yachts throughout the country.
The maritime administrative departments at all levels shall, under the relevant functions, be responsible for administering and supervising the waterborne transport safety of yachts and the prevention and control of water environment pollution from yachts within their respective jurisdiction.
Chapter II Inspection and Registration
Article 4 A yacht shall be inspected by the vessel inspection institution under the yacht inspection provisions and norms approved or recognized by the Ministry of Transport and shall not be utilized unless a corresponding vessel inspection certificate is obtained.
Article 5 Where a yacht is under any of the following circumstances, an application shall be filed with the vessel inspection institution for an additional inspection:
1. Any accident occurs to it, which affects the seaworthiness of the yacht;
2. The class as indicated in the yacht inspection certificate is changed;
3. The certificate issued by the vessel inspection institution becomes invalid;
4. The owner or name or port of registry of the yacht is changed; or
5. The structure or important safety or anti-pollution device of the yacht is changed.
Article 6 A vessel nationality certificate shall be acquired for a yacht to sail or to be berthed in the territorial
waters of the People's Republic of China. No yacht without such a nationality certificate shall sail or be berthed in the territorial waters of the People's Republic of China.
The owner of a yacht shall apply for registration of the vessel nationality upon the strength of the vessel inspection certificate and the certificate of title, and be issued a Vessel Nationality Certificate of the People's Republic of China by the maritime administrative department upon examination.
The registration of nationality of a yacht of 5 meters or shorter in length shall be handled by analogy to the preceding paragraph.
Chapter III Training and Examination of Yacht Operators, and Issuance of Certificates
Article 7 A yacht operator shall undergo professional training and examination, have the professional knowledge and skills fitting the yacht to be operated and the water area in which the yacht is to sail, master the basic requirements for waterborne fire protection, lifesaving and emergency response, and acquire a yacht operator competence certificate issued by the maritime administrative department.
No one without a yacht operator competence certificate shall operate a yacht.
Article 8 To apply for a yacht operator competence certificate, an applicant shall meet the following requirements:
1.
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